Showing results for tags 'will'.
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Hi All, any ppi experts around? I took out several loans and a credit card with hsbc 15 years ago and unfortunately defaulted and still to this day have not paid it off its currently with 1st credit as was sold to them by hsbc some years ago. I have no payment plan in place have not actually heard from them in over a year. I decided to claim for ppi and ive just had a letter from HSBC offering my 4k and ive sent back my bank details in order for them to transfer the money to me. My question is... will they use the money to pay the money towards what i owe 1st credit? Many thanks in advance.
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Hi guys 1st post My mother has an outstanding debt with bailiffs for Council Tax. She had an agreement with bailiffs to pay it off and defaulted after 2 payments as she could not afford it. Now they want the amount in full. They say they have requested for 'Commital to prison' which scared my mother until i explained it to her. They do not have a 'Controlled Goods Agreement' at all I have today disputed the amount as the bailiffs starting balance doesn't match what is owed to the Council. To be clear this is before any alleged fee's from the bailiffs themselves. It is just the 'starting balance'. I intend to pay it for her in a couple of weeks when I have the money together BUT I do NOT intend to pay the bailiffs fee's. Instead, what I intend to do is pay the Council in one payment via online payment what my mother owes them. Leaving the fee's with the bailiff's!! If I pay the Council, then the debt can't be passed back to the Council as the fee's would be theirs and theirs only. My intention then is, on Common Law grounds, is that I get my mother to say she doesn't consent to these charges from the bailiffs. Which is a total of £310. They are only claiming this money under the 'Control of Goods Act 2014'. Now, when the bailiff's are only left with their fee's and no actual debt - would she able to refuse consent? As an Act is only governed by consent. The other option is to just leave them with their fee's and ignore them. As it is a Civil matter - and without proof of claim - they can't actually do anything. I reach out to you guy's for answer's on this. Am I right to think I can get one over on the Bailiff's this way? They have very naughty attitudes when she calls them BUT seem very polite to me when I call! I would LOVE to get away with this
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Hello, I have accepted an offer from a refund plus interest from wonga. Does anyone know how long it takes for them to process the refund and put the money in my bank account? Thanks Paul
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I work for a company that employs more than 1000 Trade plate drivers; we travel all over the UK delivering and collecting vehicles for many different customers. Many of the places we go to are quite remote, airfields and large compounds etc, there is not usually public transport to many of these places. The only way we can complete our work is to work with other drivers, sometimes this is arranged by the company and sometimes we arrange this between ourselves. When there is public transport it can often take a long time to travel between jobs, and quite expensive. Therefore, working with other drivers is normal. I received the notice from Metropolitan police was about seven weeks after the incident asking me to identify the driver of the car at the incident time. On average we will complete about three jobs a day, on that basis I would have driven about one hundred vehicles in average of three to four cars a day. How many drivers I would have worked with is not possible to work out. Under those circumstances I do not know anyone who could remember the details of a specific car or who they were working with at a specific time of the day seven weeks previously. The company do not keep records of who works with who at any time, the only thing they are interested in is that all of the assigned work is completed on time. I have asked many drivers if they can remember working with me on that day, none can. I have looked at any written notes I keep; this has not helped. I have checked my mobile phone to see who I spoke to around that day, nothing I have done has enabled me to identify who would have been driving at the time of the alleged incident. Also the photographs sent to me earlier by the Police wasn’t clear enough to identify who was driving the vehicle at incident time. I understand that the Police will ask for any information that will lead to the identity of whoever was driving, and in most cases it can be provided. I have however read what the law says in this situation. It clearly says that a driver/keeper cannot be guilty of failing to identify who was driving if they did not know with reasonable diligence. It seems common sense to me that the law was written that way because of exactly this kind of situation. The law also says I am not required to keep records. I accept that this is a very unsatisfactory situation, I remain willing to do anything I can to identify the driver concerned but I cannot see what else I can do. Metropolitan Police write to me again saying that I have a legal responsibility to identify the , further action in this matter has been suspended for 14 days. I do not know what I have to do with this, Thanks
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Hi, I'm in am unusual position, I think. Back in 2003 I had a cracking salary and mega limits on my credit cards (46k) I was made redundant after I became mentally unwell and so went back to uni. I *asked* the credit card companies to reduce my limits (not wanting to get rid of my cards altogether) but they refused. Point blank refused. Later that year I became ill again and was diagnosed with bipolar. I managed to spend £21,000 in 3 months, with very little to show for it (or take back!) The banks refused to help. I paid back just under 1/2. I now have a limited income and only really my benefits to live on. I stopped paying when CCCS went under. I was given a CCJ in absentia. On one of the debts. Another, who CCCS weren't actually paying off, are continually chasing me. They seem to have now passed it on to Restons solicitors. I know they *can* apply for a CCJ. But if I don't contact them, will the debt be statute barred after 6 years, which is 6/2018. What is the best thing to do? I'm usually an upstanding citizen. But - I can't afford to pay anything, I didn't run up the debt other than as part of my illness, and the banks refused to lower my limits! I think after 14 years I need a life I can live and keep well - depression being a major problem. I just live within my means. I had paid a huge amount off all the debts, before I joined CCCS. They've had their pound of flesh, so to speak. Can I now hold on for the remaining 14 months for statute barring, given a solicitor is involved??? Or has anyone else any helpful advice? I just long to be the responsible person I am without this cloud hanging over me. Thanks.
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i have just been given power of attorney over my father , his grandson is 45 and been living with my father rent free bill free all his life, my father has been in a home for over a year and the grandson has been using my fathers bank card, there is a police investigation due to over 10 thousand pound being stolen from my fathers account the outcome of this investigation is near , but my question is , i have asked the grandson for the spare set of keys for the house as i need access to the house paper work ect but he has refused to hand the keys over to me , i want to do this the correct way , what can i do ?
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Hi all, I'm a British ex-pat in Malta. A guy (also British) who owned a flat in the block I live in tragically died recently. It was used as a holiday home/rental so he rarely stayed there. We need to contact his family (or other new owners) about maintenance and other issues but have no contact details apart from the now deceased owner. How do we go about finding who is responsible for executing the will in the UK and identifying the new owner of the flat?
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The Local Government Ombudsman's office has just released the following decision. Re: London Borough of Haringey. The complaint 1. The complainant, who I shall call Ms A, complains the Council allowed her to make payment towards an outstanding Penalty Charge Notice (PCN) although it had passed the matter to its enforcement agents (bailiffs), incurring additional costs. What I found 4 The Council issued Ms A a PCN for a parking contravention on 29 September 2015. Ms A did not pay or make formal representations against the PCN so the Council pursued the debt against her. It issued a warrant of execution and passed the debt to its bailiffs to enforce on 16 June 2016. 5. Ms A made a payment of £97 for the PCN using the Council’s online system on 23 June 2016. However by this point the Council had already passed the case to its bailiffs, incurring further costs. Ms A says she paid the fine so bailiff action should cease. However, the Council says she is still liable for the bailiff fees. Ms A says the Council should not have allowed her to make a payment online when the case was with its bailiffs. The Council confirmed it passed the debt onto the enforcement agency on 13 June because it had not received payment and sent a Notice of Enforcement on 16 June. 6. Ms A complained to the Council that she had not received the statutory notices the Council says it sent. The Council confirmed it sent the notices to the registered keepers address. These included the Notice to Owner, the Charge Certificate and the Order of Recovery. Each notice summarised the amount due at each stage. The Council said Royal Mail did not return the letters as undelivered so considered them served. The Council included copies of the notices it sent to Ms A in its response to her complaint. 7. A motorist may make part-payment towards a PCN debt and there was no reason for the Council to refuse Ms A’s payment made on 23 June 2016. Ms A sought to challenge the Council’s action but was unsuccessful, and the Council is therefore entitled to pursue the debt against her, including by passing the case to its bailiffs. Ms A made payment only after the case had been referred to bailiffs and the Ombudsman cannot therefore say she is not liable for the bailiff’s fees. The Council’s acceptance of Ms A’s payment has also not caused Ms A an injustice as it has been put towards the cost of the PCN and bailiff’s fees incurred to pursue it. http://www.lgo.org.uk/decisions/transport-and-highways/parking-and-other-penalties/16-008-073
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trying to sort this out for a neighbour.... a person whom is specifically mentioned in an English will in the regard of: a gift of £30k in respect to a loan they gave the decreased has it appears cleared out all personal items of the deceased as well as many very valuable items that were destined for distribution along with the sale of said property as part of the estate distributed amongst surviving children. my neighbour being one of these. this was discovered when he was escorted to the property by the solicitors/agent to collect 'something' to remember his dad by for the meant time and collect photos etc etc. this person is an executor of the will, but retained a set of keys when they should not have done? and have never been escorted like his son was and his other son that was escorted around at another time too.. the person has returned on numerous occasions since the death until my neighbours visit [we have CCTV evidence!!] and can be seen for want of a different word, rifling the place of anything of worth. to the extent that other than photos, there are NO personal effects of their father left!! even the bedding has gone!! [yes this person and my neighbours deceased dad have lived together many a year] the property was a second home. the solicitors seem non plushed by this....... but surely this cant be legal? your thoughts CAG please
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Hi, Does anyone know what Nationwide is likely to do in our situation please? Wife is 16 years older than me so we had a 10 year self cert mortgage taking her to age 65 originally through Derbyshire/Salt and now taken over with Nationwide. About 12 months ago we rang Nationwide after receiving a standard letter re repaying the loan at the end of the mortgage term. The friendly but extremely unhelpful call center guide was only interested in referring us to an independent mortgage advisor when asking about options and whether we could extend the term as they couldn't give advice and there were NO options on Nationwide doing some sort of deal or changing the mortgage. There wasn't much point in talking to a broker as my business went south in 2009 and we have wobbly credit, can't prove income to service the loan now although have no arrears or ever been in arrears. Instead we have been trying to sell the property - £255000 mortgage and 2 local estate agents started us at £395,000 now down to £340,000 and only 3 viewings in a year! I have been trying to understand 'Forebearance' but can't find any examples of any lenders being helpful to customers when they can't afford repayment. All we want to do is to continue actively trying to sell it while paying interest only rather than have it repossessed and forced sold. Does anyone know what is 'likely' to happen - particulalrly where Nationwide are involved? Any thoughts or advice would be really appreciated. Wife was just going to leave today she is getting so upset. We have until Feb for the mortgage term to end although haven't received any notices about the mortgage since last year. Thanks
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My father passed away recently, leaving my stepmother living in the bungalow they owned. My father made a will before his death, and I wondered if I have a right to view the will. I have no doubt that my father wished his wife to occupy the residence for as long as she is able. There are family on her side who may have a claim on the residence, so I just wanted to be clear on my fathers wishes. Is this reasonable? Paul.
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My friend's mum has recently died and he has been left a part share of her property along with his son - this is what is says in the Will but I can't understand it:- 'real and personal property or by codicil hereto otherwise specifically disposed of as Tenants in Common in equal shares' there is a mortgage on the property. My friend claims IB ESA and would like to move into his late mum's property, his son is ok with this. Obviously a new mortgage would have to be taken out by my friend's son. The question is, if my friend moves into his late mum's property with his son taking out a new mortgage, will this affect his IB ESA and will the DWP class it that he has equity in the property? I know he cannot claim Housing Benefit for the property when he moves into it, but would like some info that I could pass onto him. Thanks for any advice.
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Please could you help i have been pursuing a claim for mis sold PPI against YES car credit/DAFS for a number of years, i bought the car in 2001, I'm not covered by either FOS or associated bodies. I have got to the stage whereby i have advised them i will be continuing my fight through the courts, on Saturday i received letter From Irwin Mitchell stating amonghts other things. I quote " It is our clients primary contention that any claim brought in respect of the agreement will fail as it will have been brought outside the statutory time limits for starting court proceedings. The agreement was entered into by you on 20th November 2001, almost 16 years ago, and therefore, according to the limitation periods set out in the Limitation act 1980, any claim arising out of this agreement is now out of time. There is other gumpth with, that I'm not to concerned about and this will be their scaremongering in an attempt to put me off. Would just like to understand a bit more about Limitation act 1980, I've had a look through, to which it states "6 years", however my complaint is not against the Loan per say, it focussed around the mis selling of PPI. I would be grateful if you could give me a direction i can take with this, as do not want the bastards to get away with it any longer. Once I'm successful, would be more than happy to share my finding on your site, as I'm aware I'm one of thousands in the the same boat with DAFS crooks. I believe they scan your site looking for such information in getting themselves ahead against claimants like myself.
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https://www.thesun.co.uk/money/3143151/france-emissions-sticker-117-fine/ Hopefully the UK are going to reciprocate this in the UK for French vehicles ?
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Asking for a friend and any advice appreciated. She is on universal credit with her partner(female) and two young children and had a job working early morning shifts whilst also trying to earn money self employed (all declared). She has suffered bullying, humiliation in front of colleagues and sexual harassment from her boss, the owner of the business. She is also disabled and in receipt of mobility DLA. One of the children is also disabled. Yesterday she had enough and, in tears, walked out and refuses to go back to work. They have been trying to contact CAB for advice but are worried that she will now face sanctions for leaving her job voluntarily, although, as I understand it, she seems to have good reason and will be pursuing legal action against her boss. (Sanctions are only imposed if you leave your job WITHOUT GOOD REASON as far as I know). Can someone advise, is she likely to be sanctioned? How difficult is it going to be to get redress for the harassment and bullying? Thank you.
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The following regulation has been discussed for many months, and was finally laid before Parliament a few days ago (11th April). It comes into effect on 6th May 2017. The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2017 http://www.legislation.gov.uk/uksi/2017/554/made
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I was recently made redundant as the company is in financial difficulty. The director is completely dodgy having rolled the company a few times to get rid of debt and not pay his creditors. I have been offered the correct redundancy payment of 3 months as worked there for 2 years, they also promised me a payment of 3 weeks gross pay. I have received a letter stating these payments will be made as my monthly salary with the final payment having the extra included. I have been advised by the ops manager that the director is planning to roll the company again soon. I now have a new job to start but won't be able to let them have my P45 as I won't receive this until I get my last pay. I have emailed him to ask if he could pay in a lump sum to avoid me being taxed on a 2nd job but he has said he doesn't have the money and he will stick to the monthly payments. If he closes the company will I still be entitled to my redundancy?
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Hello I have recently moved so didn't get my renewal documents. I have been a bit sloppy with my emails as well unfortunately. I received a text today from my car insurance co asking me to call them urgently which I did right away. It was from the collections department. They told me my card had bounced so they was unable to collect my premium. They had subsequently spent ten days trying to contact me to no avail so my policy had been cancelled. They told me I had to start a new policy which I have done and paid in full. I did this all at the office whilst at work and was panicking that I wouldn't be able to drive home. I have subsequently came home and started to research my situation. It seems I should have tried harder to reinstate my policy and I also didn't declare that I had had insurance cancelled when filling in the form. I'll call them tomorrow to correct this mistake. I want to know whether it is likely I can get the policy reinstated? I have been with that insurance company for several years, not that will count for anything I'm sure. Also, will the authorities catch up with me for the time I have spent uninsured? I'm worried I will be punished for not having any insurance. Any advice/opinions appreciated Thanks
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Hi all, My 2016 Ford Edge developed a fault that would take 2 weeks to repair because of this it meant me, my wife, 3 children and 2 dogs could not go on our planned holiday as we were driving to Spain. After much argument the dealer decided to lend us a demonstrator so we could still go on our holiday and the car would be covered under their insurance. Whilst on holiday we had a small accident that meant the car went into limp mode so had no power. it transpired that the car insurance was a motor traders policy and as such their insurance would not get us home or hire us a vehicle. We are left high and dry in Spain 3 children and 2 dogs with no way of getting home. during this time the Ford dealer asked me to take the car to a local Ford garage to see if the car could be taken out of limped mode. This incurred expense of around €200 as we had to leave the car and get a taxi and the garage charged us 2 hours labour in diagnosing the fault. Eventually the Ford garage arranged for the car to be picked up to be recovered back to the UK but we were left to sort our own way home. I was absolutely disgusted by this and was never told when we took the car that their insurance had no provision for helping the passengers out in the event of an accident. We are now home thank god the Ford dealer will not release my vehicle until we pay £250 insurance excess. I have pointed out that we were left high and dry with no assistance and that I spent over €200 getting the car looked at as per their instructions. They are now holding me over a barrel unless we pay the excess they will not return my car. I personally don't think they can do that because there is no outstanding bill against my car as it was repaired under warranty and the £250 excess is on a totally separate vehicle that they lent us. If anyone has any advice on what I can do I would really appreciate it.
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Hi, Please give me your opinions on this: Purchased from main dealer an 18 month old car in September 2014 with 7500 miles on the clock and balance of 3 year manufacturers warranty. Noticed by end of 2015 (approx 28000 mile total) that gearbox 'crunches' when changed from 3rd to 4th gear quickly (yes this is a standard manual gearbox). Went to dealer in March 2016 to complain about gearbox (and other warranty faults), they drove car and agreed with me about gearbox. Manufacturer agreed to replace gearbox and new gearbox arrived at end of April. I couldn't leave car with the dealer at this time as I was on standby to work abroad for a number of weeks. Finally got gearbox replaced at beginning of June. New gearbox is much worse, not only does it crunch in 4th but it also whines (like an old mini) in 2nd. Car returned at begging of July to look at again, dealer agrees it is not correct but "doesn't know what manufacturer will say as it's out of warranty". Told them "don't care fault occurred in warranty period an has not been resolved - actually made worse". Manufacturer eventually agrees to send an engineer from the factory to look at my car who came last week. Manufacturer has agreed that the new gearbox is faulty but they will only supply a replacement 'box if I don't complain about it crunching in 4th as this is a "characteristic of the car". This is not entirely true as I have driven one of the loan cars with same gearbox and it does not crunch however the other loan car did, however there is a lot on the internet about failing gearboxes, crunching, stiff changes etc etc. The gearbox obviously has an inherent design flaw. The car was purchased with a personal loan with the car as security (dealer finance) although at the time I was told it was HP. I am thinking of pushing back on the dealer and loan company - under sale of good act, repair or replace vehicle - inherently faulty. Comments or opinions please? Thanks
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Got a weird one here for you guys. In March i had a prang with a neighbour. I was driving out of our cul de sac and i stopped because the woman in the end house started to reverse. She carried on and i sounded the horn continuously, she stopped for a split second then carried on and hit my car. I notified the police as the woman's partner came out of the house and was very aggressive towards her and then myself. He later came to my door as we are neighbours offering me money for the damage but due to the car being leased from Motability i couldn't and my next door neighbour had to ask him to leave as i was getting very stressed and panicky. So the facts are :-- My neighbour damaged my car. Both myself and my wife were uninjured and the whole incident was witnessed by my next door neighbours. The woman driving the vehicle only had a provisional licence and was alone with a child in the car. The police are still investigating the matter. Today i got informed by my motability insurers that the other party claims that HE was driving and that I hit him and that because the two other witnesses apart from me and my wife are not independent because they live next door to me!! Even tho we ALL live in a small cul de sac with 9 homes. So my insurers are going to accept 50/50 liability!! I told them that in no way am i going to accept that and i was told that it didn't matter what i said, they will accept it because it is one word against another lmao. I have told them that it will affect my driving history and incur a financial punishment if i seek insurance after they accept. I have told that i will not allow any record of any liability to be entered against me on any records but they will not listen to me. I even told them that it was being investigated by the police and that by this guy saying he was driving, it was a serious offence but they said it was my word against his ............. where do i stand on this? I know it has no immediate effect on me but how on earth can they accept this? Like i could go up and bang into everybody's car in the cul de sac and say it was them and get away with it according to the way this bunch operate lmao. My argument apart from it being a total joke, is that RSA (my insurers) by accepting 50/50 liability are saying it was half my fault so he gets away with half liability and i get punished because if i seek insurance there will be a claim against me and i will be hit with more expensive premiums. What can i do??
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Hi, I live with my husband, we are both self employed, I had a baby in September and receive Maternity allowance. I was also receiving Working Tax Credits and Child Tax credits, around £80 per week. My husband is currently quiet with work so we asked the council for rent help, they told us they can no longer help and we need to apply for universal credit. We did this (horrendous application system!) and in the meantime our working and child tax credits stopped, we were never informed this would happen, i wish i had just left it as it was. We were relying on that money and now it has just stopped! We both had a job centre interview yesterday which is part of this ridiculous process and my husband has to go back yet again with business details. He only earns around £5000 per year , they basically want to see if it is worth him running his business, if he earns enough, if not they will make him look for other part time work - how on earth can he do that around a self employed business that is on demand (ie it depends when his customers want him!). This is all if we want to claim universal credit. So, i assume they will say he does not earn enough and will have to find other work....we do not want to do this so my question is, if he says no to looking for other work, will we just get no help....even with a new baby. Am i correct in thinking that £5000 per year approx will not meet their requirements? Just wanted a little bit of advice before we see them again. The whole new system is ridiculous, i have worked and paid tax all my life yet when we need a bit of help we have to fight for it, yet people who dont want to get a job, try their hardest NOT to get one, receive all the help there is out there!!! Any advice appreciated
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